U.S. Court of Appeals for the Ninth Circuit, 2011

Kelvin Felton v. John Marshall

Kelvin Felton v. John Marshall
U.S. Court of Appeals for the Ninth Circuit · Decided December 22, 2011 · Goodwin, Wallace, McKeown
463 F. App'x 657

Kelvin Felton v. John Marshall

Opinion

MEMORANDUM **

California state prisoner Kevin Felton appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

Felton contends that there was insufficient evidence to support his conviction for making a criminal threat. We conclude that the state court’s decision rejecting this claim was not contrary to, or an unreasonable application of, clearly established federal law. See 28 U.S.C. § 2254(d); see also Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

We construe Felton’s additional arguments as a motion to expand the certificate of appealability. So construed, the motion is denied. See 9th Cir. R. 22—1(e); see also Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per curiam).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.